McBain, John vs John Bartlett

McBean, John vs John Bartlet

Description:	A certiorari is filed on January 21, 1815 and witnessed by Daniel Sullivan, Esquire as one of the Associate Judges of the Circuit Court. The writ asks Daniel Sullivan, Associate Judge to order William Gamble, Justice of the Peace to certify and return to the Circuit Court the suit of Moses Bartlett against John McBain during the March Term. He is also to return all things concerning the suit before or after the judgment of John McBain and John Bartlett together with this writ so he may see what else needs done. In the case of John Bartlett of Kentucky vs John McBean on a case of trespass with damages of $24.25 a transcript of all the court records as follows: a subpoena was issued November 7, 1814 executed on November 10th, defendant failed to appear and case continued until Saturday November 26, defendant again failed to appear. Judgment was in favor of the debt and costs of suit which was $.68. A statement that $5 was received on November 12, 1807 from Jonathan McBain by the hand of Jonathan Bartlett as part of William Vonnegut. A statement dated March 30,1812 that John McBain owed $19.25 on a finial settlement of John Hinkle. William Gamble verifies that the transcript is a true account under this hand as of February 9,1815. A summons to the constable to bring John McBain to appear before William Gamble, Justice of the Peace was issued November 12, 1814. He was to come to court and answer unto John Bartlett on a plea of trespassing and damages of $40 at the General Court November 7,1814. William Gamble, General Court certifies that the Constable returned to him a true copy of the summons issued by himself. The U. S. orders the Constable of Vincennes or other townships to bring the respective goods or chattels of John McBain in the sum of $24.25 to court. This is what John Bartlett owes to John McBain plus $.12 interest, $.68 costs and charges and $.20 for the writ and legal fees. He is to bring monies before him on January 24, 1815 with this writ if he does not pay then his body is to be committed to the common jail until he pays. This subpoena is dated January 4, 1815 by William Gamble. Justice of the Peace. He certifies that the writ was returned by the Constable on February 7, 1815 and that it is a true copy. During the June term 1816 upon the calling up of the cause the said McBain offered the following reasons for causes of error in order to reverse the judgment of the Justice of the Peace. First the Justices entered up final judgment for the plaintiff by default and without evidence or testimony which he should not have done. Second the Justices continued the cause after the return of the summons or warrant for a longer period than by law he was authorized to do before making a decision. Third the precepts and judgment does not pursue the forms laid down in the statute law by the legislature. And Fourth by General Error the court without affording the plaintiff council an opportunity to reply overruled the above reasons saying simple justice had been done. Also it confirmed the judgment of the Justice of the Peace with costs to which the plaintiff by his counsel excepts and prays this bill of exceptions may be signed. David Raymond and J. B. McCall both Justices of the Circuit Court of Knox County signed the exceptions during the June term of 1816. A Cost of Court Bill from March-June 1816, with attorney fees, and sheriffs action is filed for $7.00 1/2.
Origin:	2019-03-08
Created By:	Indiana Territory. Circuit Court (Knox County); Indiana Territory. Court of General Quarter Sessions (Knox County);
Contributor(s):	McCall, James; Raymond, David; Gamble, William;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/28285
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Indictments -- Indiana Territory Judgments -- Indiana Territory Lawyers -- Indiana Territory Personal debt -- Indiana Territory Receipts (Acknowledgments) -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Trespass -- Indiana Territory Witnesses -- Indiana Territory Writs -- Indiana Territory Court Records

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